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Around the world, astronomers are buzzing with anticipation over the approach of Comet ISON.
On Thanksgiving Day 2013, the icy visitor from the outer solar system will skim the sun's outer atmosphere and, if it survives, could emerge as one of the brightest comets in years.
First, though, it has to fly by Mars.
“Comet ISON is paying a visit to the Red Planet,” said astronomer Carey Lisse of the Johns Hopkins University Applied Physics Lab. “On Oct. 1, the comet will pass within 0.07 AU from Mars, about six times closer than it will ever come to Earth.”
Mars rovers and satellites will get a close-up view.
It’s too early to say whether Curiosity will be able to see the comet from the surface of Mars – that depends on how much ISON brightens between now and then.
Lisse said the best bet is NASA’s Mars Reconnaissance Orbiter. The MRO satellite is equipped with a powerful half-meter telescope named HiRISE that is more than capable of detecting the comet’s atmosphere and tail.
Observations are planned on four dates: Aug. 20, Sept. 29, and Oct. 1 and 2.
HiRISE wasn't sent to Mars to do astronomy, notes the telescope’s principal investigator Alfred McEwen of the University of Arizona.
“The camera is designed for rapid imaging of Mars. Our maximum exposure time is limited compared to detectors on other space telescopes,” Lisse said. “This is a major limitation for imaging comets. Nevertheless, I think we will detect Comet ISON.”
The Mars flyby comes at a key time in Comet ISON’s journey. It will have just crossed the “frost line,” a place just outside the orbit of Mars where solar heating is enough to start vaporizing frozen water.
“The volatiles in a comet are 80 percent to 90 percent water ice,” noted Lisse. “Right now in August almost all the water is still frozen, and the outgassing we see in ISON is driven by carbon dioxide and other lesser constituents. Probably only isolated patches of the comet's nucleus are active.”
But when ISON crosses the frost line, “the whole comet could erupt in geysers of gas,” said Lisse. “Mars orbiters will have a ringside seat.”
The amount of outgassing at Mars will give researchers clues to the size of ISON’s nucleus, which is hidden from view deep within the comet’s dusty atmosphere.
“If ISON's nucleus is much bigger than 0.5 km, it will probably survive its Thanksgiving Day brush with the sun,” said Lisse. “It could turn into one of the most spectacular comets in many years.”
McEwen sees this as a tune-up for another comet encounter next year. “The science value of observing Comet ISON is hard to predict. We've never tried such a thing before. However, this is good practice for Comet Siding Spring, which will pass much closer to Mars in 2014.”
For now all eyes are on Comet ISON. An unprecedented number of NASA spacecraft – 16 – will be observing the comet. Astronauts on board the International Space Station will be watching, too.
Meanwhile back on Earth, Lisse is working with NASA to organize a worldwide observing campaign for Comet ISON.
“Our goal is to have every telescope on Earth pointed at the comet when it emerges from the sun,” said Lisse. “The Mars flyby will give us a sneak preview, providing data we need to predict what we might see.”
Dr. Tony Phillips works for the National Aeronautics and Space Administration.
The objectives of agents acting under a power of attorney can be frustrated when banks, brokerages, or title companies refuse to accept the authority granted to the agent under a duly executed power of attorney.
This can happen even though the power of attorney appears to be valid.
Let us first discuss when and why this occurs and how it might be avoided.
Banks, and other financial institutions like brokerages, may refuse to accept a power of attorney if the document (1) contains unfamiliar language (e.g., an attorney’s own document); (2) was signed outside a reasonable period of time (e.g., more than five (5) years ago); or (3) was not done using the bank’s own power of attorney form.
Why? Banks are uncomfortable with their branch deciding whether the power of attorney is valid and whether the agent is acting within his or her legal authority. This is often occurs when the agent seeks access to the contents of a bank safety deposit box.
Such foreseeable problems with banks are less likely to occur with the following types of powers of attorney: (1) a California Uniform Statutory Power of Attorney; (2) a California Statutory Special Durable Power of Attorney For Bank Accounts and Certificates of Deposit; or (3) a bank’s own power of attorney form.
These are all standardized forms that are routinely seen and understood by the banks and other financial companies.
Moreover California’s statutory forms carry extra legal authority, protections and teeth behind them. With a Uniform Statutory Power of Attorney an agent may also present an affidavit to the effect that it is still valid in order to induce reliance by the bank and others and if it is still refused then the agent may sue for enforcement and recover costs if such refusal was unreasonable.
Next, title companies may similarly refuse to accept powers of attorney offered to transfer title to real property when such powers (1) do not refer to the real property and incorporate its legal description; (2) were signed outside a reasonable period of time (such as five years); (3) were not done using a special power of attorney form narrowly tailored to the specific transfer of real property at hand; or (4) were not recorded with the county within a reasonable period after execution.
Such problems with title companies are less likely to occur when the following are true: (1) the power of attorney expressly refers to the specific real property (with legal description included); (2) a special power of attorney is used for the particular transfer of the real property involved; and (3) the power of attorney has been recorded with the county where the real property lies.
How can a person safeguard against their agent being unable to manage their assets and finances during periods of incapacity?
Transfer the assets into the principal’s living trust. Then when the settlor (principal) becomes incapacitated the nominated successor trustee who steps in as trustee becomes the legal owner for purposes of management and control of trust assets.
The banks, brokerages and title companies will still ask to see the trustee’s powers and authority. This means providing a certified copy of the relevant portions of trust or completing the institution’s certification of trust form. If all else fails, it means providing a complete copy of the trust.
However, provided the trustee is acting within the scope of his or her trustee powers and authority the bank will not want some other type of trust document than the trust presented.
Trusts are not written using uniform statutory forms or bank forms so banks cannot require them.
Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at
MIDDLETOWN, Calif. – A Hidden Valley Lake man was arrested on Thursday for allegedly impersonating a peace office.
Antonio Hector Molinar, 66, was taken into custody in the case, according to Lt. Steve Brooks of the Lake County Sheriff's Office.
At 10:55 a.m. Thursday Lake County Sheriff’s deputies responded to a reported battery in Middletown, Brooks said.
Prior to the deputies’ arrival, an individual later identified as Molinar had approached the victim of the battery and identified himself as a United States federal marshal. Brooks said Molinar told the victim he was dispatched there and to investigate the crime.
As deputies arrived on scene, Molinar left the area prior to being questioned. Brooks said the victim of the battery told deputies he believed Molinar was a federal agent and provided a short statement to him.
The deputies contacted Molinar, who explained he was a marshal for the United States Tribal Court, according to Brooks' report.
Brooks said deputies contacted the US Marshal’s Service and discovered that agency was actively investigating Molinar for impersonating a federal agent. The US Marshal’s Service confirmed Molinar was not employed by them.
Molinar was arrested for the possession of a false federal identification. He was transported to the Lake County Hill Road Correctional Facility and booked, Brooks said.
Also on Thursday, detectives secured a search warrant for Molinar’s Hidden Valley Lake residence. At 7:30 p.m., detectives served the search warrant, Brooks said.
During a search of the residence, detectives located numerous items associated with what appeared to be a nonexistent federal agency, according to Brooks.
He said Molinar had an elaborate assortment of law enforcement equipment, which included two Tasers, body armor, multiple identification cards, US Marshal badges, a duty belt with pouches and three air-soft pellet guns that were modified to look like real firearms. All the items were seized as evidence.
After the service of the search warrant, Brooks said Molinar also was charged with being a convicted felon in possession of body armor, obstructing a peace officer, possession of a Taser by a convicted felon and altering an imitation firearm to look like a real firearm.
Molinar also is a sex offender registered the Lake County Sheriff’s Office, Brooks reported.
His bail was set at $15,000, and jail records indicated he posted the required percentage of bail and was released.
Brooks said authorities are asking that anyone who has been contacted by Molinar while he's represented himself as a law enforcement official is encouraged to contact the Lake County Sheriff’s Office at 707-263-2690.
Sheriff Frank Rivero advised Lake County citizens that if they are pulled over by an unmarked vehicle and are concerned for their safety, follow all traffic laws and continue until seeing a marked law enforcement vehicle.
If you have a cellular telephone, you can also dial 911 and have the dispatcher confirm whether or not you are being stopped by a law enforcement officer, officials said.
LAKEPORT, Calif. – Lake County Sheriff’s deputies are continuing to investigate an assault reported late last week.
The incident occurred on Saturday, Aug. 17, in the 2900 block of Red Feather Lane in Lakeport, according to Lt. Steve Brooks.
At 2:30 a.m. that day deputies were dispatched to the location to investigate an assault, Brooks said.
Brooks said deputies contacted a witness who said the victim was found lying in the street at the intersection of Meadow Lane and California Street with severe injuries.
Deputies contacted the victim, a 49-year-old female, who was unable to speak and appeared to be in severe pain, according to Brooks.
They noticed that the victim’s face was very swollen and bleeding profusely. Brooks said the deputies located two lacerations on her face and noticed the victim was having a difficult time breathing. Due to the severity of her injuries, the victim was transported by air ambulance out of county to a trauma center.
During their investigation, deputies interviewed several witnesses and obtained information as to the identity of one of the suspects. Brooks said deputies were able to locate the suspect, a 16-year-old juvenile.
He said the suspect was arrested for battery causing serious injury and battery on a person. The suspect was transported to the Lake County Juvenile Hall Facility and booked.
On Thursday, detectives were able to interview witnesses and identify a second victim and additional suspects, Brooks said.
The investigation is ongoing and anyone with information concerning this crime is encouraged to contact the Lake County Sheriff’s Major Crimes Unit at 707-263-2690.
CLEARLAKE OAKS, Calif. – A Lucerne man was arrested last week after being found in possession of methamphetamine.
Ronnie Nolan Miller, 54, was arrested in the case, according to Lt. Steve Brooks of the Lake County Sheriff's Office.
At 3:27 p.m. last Saturday, Aug. 17, a narcotics detection K9 unit noticed a vehicle displaying an expired registration tab pull into the Tower Mart in Clearlake Oaks. Brooks said the deputy contacted the driver of the vehicle, who was identified as Miller.
The deputy asked Miller if he had a valid driver's license and Miller replied that his license was suspended for failing to pay some fines, Brooks said.
Brooks said the deputy contacted Lake County Central Dispatch and asked them to run a records check on Miller.
As the deputy was waiting for the records check to be competed, he watched Miller drop a clear plastic bag on the ground. Brooks said the deputy seized the bag and noticed it contained a white crystalline substance, which he believed to be methamphetamine.
Miller admitted the methamphetamine was his and said he uses it to relieve pain, Brooks said. The deputy asked if he had anymore methamphetamine and Miller replied, “There could be another bag in the driver’s side door.”
Central Dispatch confirmed that Miller’s driver's license was in fact suspended, Brooks said.
The deputy deployed his narcotics detection K9, which produced a positive alert on the driver’s side door, indicating the presence of a controlled substance, according to Brooks.
Brooks said the deputy located another bag containing a white crystalline substance that looked exactly like the one Miller had dropped on the ground.
The deputy tested a small amount of the suspected methamphetamine from each of the bags separately, using a NIK kit. Brooks said each of the NIK kits flashed blue indicating a presumptive positive for methamphetamine.
Miller was arrested for possession of a controlled substance, transportation of a controlled substance and driving on a suspended license. He was transported the Lake County Hill Road Correctional Facility and booked.
Bail was set at $250,000 on the transportation charge, and jail records indicated that Miller remained in custody early Friday.
The Sheriff’s Narcotics Task Force can be reached through its anonymous tip line at 707-263-3663.
NORTHERN CALIFONRIA – The final bill to close a loophole in California’s rape law that caused an appellate court to overturn a sexual assault conviction has passed out of the Assembly today with a 74-0 vote on urgency.
The bill, SB 59, will return to the Senate Monday for a procedural vote and then move to the governor’s desk with its companion bill, AB 65, for consideration.
SB 59 will close the legal loophole specific to rape under false pretenses or rape by fraud by updating the penal code.
If passed, the legislation would go into effect immediately upon the governor’s signature.
Sen. Noreen Evans (D-Santa Rosa) introduced SB 59 at the beginning of the 2013 legislative session following the outcome of the overturned rape conviction in People v. Morales.
“Rape is a violent crime that should be punished to the fullest extent of the law,” said Evans. “Justice cannot be conditioned on the victim’s marital status.”
Under an 1870s provision that upheld the rights of a married victim, but not those of others, the 2nd District Court of Appeal in January overturned the rape conviction of Julio Morales.
In 2009 Morales impersonated his female victim’s boyfriend in order to have sex with her while she was sleeping.
Because jury instruction was unclear and the current law only allows someone to be convicted of rape for impersonating a spouse, but is silent about the impersonation of other intimate partners, the conviction was overturned on the technicality.
SB 59 updates the arcane language contained in various sections of the California Penal Code by substituting and defining the new term of “someone known to the victim other than the accused” in the place of the term “spouse.”
Doing so would expand the definition to include single individuals, domestic partners and individuals currently excluded by the narrow use of the term “spouse.”
This bill creates equity within the law for all victims, according to Evans.
“This is about equality in the law. This is about justice for all. And it’s past time this legislative body correct an arcane law that could let a rapist go free on an outdated statute that provides neither,” said Evans.
Evans represents the Second Senatorial District, including all or portions of the counties of Humboldt, Lake, Mendocino, Marin (caretaker) and Sonoma. Senator Evans Chairs the Senate Committee on Judiciary.